INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT

1624

AMERICAN RESEARCH THOUGHTS ISSN: 2392 – 876X Available online at: www.researchthoughts.us

http://dx.doi.org/10.6084/m9.figshare.1431444

Volume 1 │ Issue 7 │ May 2015

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INDIAN LEGAL AND POLICY FRAMEWORK:

WIDENING CRITERION OF WOMEN

EMPOWERMENT FOR SUSTAINABLE

DEVELOPMENT

Manbir Kaur Dhaliwal

Assistant Professor (Commerce), Sri Guru Gobind Singh College, Sector 26,

Chandigarh, India

Abstract: The principal of gender equality is enshrined in the Indian Constitution in its Preamble,

Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants

equality to women, but also empowers the State to adopt measures of positive discrimination in favour

of women. Women Empowerment is an issue of immense significance today. It is a direct reflection of

the wholesome development of society. Ensuring access to justice for the vulnerable and marginalized

sections of the society is a precondition for a healthy democratic and a peaceful society. In the wake of

some deeply condemnable incidents dominating the headlines these days, this issue has become

indispensable ethically, morally, legally and socially. The Government of India has enacted certain

laws and acts, which protect the rights of women and allow them to seek legal assistance and justice

when faced with certain problems. By showcasing an impressive range of legal empowerment

approaches in diverse geographical and cultural settings, the value of empowering women, through

efforts aimed at legal education , legal training, and the provision of legal services and the creation of

space for women to question and negotiate discriminatory ‘cultural’ norms. The objective of this paper

is to study the laws passed in India for women empowerment i.e. women-specific legislations &

women-related legislations. The paper discuss in details:

Protection of women from sexual harassment at work place

Legal provisions for crimes against women under Indian penal code, 1860.

Provisions leading towards legal empowerment

The paper highlights the critical role legal empowerment strategies that can play in changing

oppressive gender relations that are justified under the name of so called ‘culture’. The paper

concludes with suggesting few provisions which will lead to legal empowerment.

Key Words: Value Education, Experiment, Effect, Knowledge, Understanding, Application,

and Reflection

http://www.researchthoughts.us/

Manbir Kaur Dhaliwal- INDIAN LEGAL AND POLICY FRAMEWORK: WIDENING CRITERION OF WOMEN

EMPOWERMENT FOR SUSTAINABLE DEVELOPMENT

1625 AMERICAN RESEARCH THOUGHTS- Volume 1 │ Issue 7 │2015

INTRODUCTION

Women Empowerment is an issue of immense significance today. It is a direct reflection

of the wholesome development of society. Ensuring access to justice for the vulnerable

and marginalized sections of the society is a precondition for a healthy democratic and

a peaceful society. In the wake of some deeply condemnable incidents dominating the

headlines these days, this issue has become indispensable ethically, morally, legally and

socially.

Women are the pioneer for transformation of organization and society. She is the

mother of the race and liaison between generations laying the foundation for new

relationships. With the advent of media, women are aware of their own rights, traits

and work situation. But unfortunately in spite of their efforts women lacks the desired

recognition and credit in the society. (Sinha.A.[2007]). Kabeer (2001) defines

empowerment as ‘The expansion in people's ability to make strategic life choices in a

context where this ability was previously denied to them.’ This definition fits well

within the referral to empowerment as ‚the expansion of freedom of choice and action

to shape one’s life‛ in the World Bank’s Empowerment Sourcebook. (Malhotra, A.*2003+

In India, the Constitution makers while drafting the Constitution were sensitive

to the problems faced by women and made specific provisions relating to them. In

various articles, not only mandates equality of the sexes but also authorizes benign

discrimination in favour of women and children to make up for the backwardness

which has been their age-old destiny. But categorical imperatives constitutionals by the

Founding Fathers are not self-acting and can acquire socio-legal locomotion only by

appropriate State action. Our Constitution is the basic document of a country having a

special legal holiness which sets the framework and the principal functions of the

organs of the Government of a State. It also declares the principles governing the

operation of these organs. The Constitution aims at creating legal norms, social

philosophy and economic values which are to be affected by striking synthesis,

harmony and fundamental adjustment between individual rights and social interest to

achieve the desired community goals. The Constitution of India contains various

provisions, which provide for equal rights and opportunities for both men and women.

Legal empowerment is a multifaceted field, which assists in addressing a range

of development outcomes related to basic services such as health, education,

livelihoods, and acquisition of a remedy or entitlement, social inclusion and legal status,




peaceful dispute or conflict resolution and environmental sustainability. There is an

increasing body of evidence on the impact of legal empowerment. Nonetheless, it is

often difficult to envision legal empowerment. (Golub, Stephen [2010])

OBJECTIVE OF THE PAPER

The objective of this paper is to study the laws passed in India for women

empowerment i.e. women-specific legislations & women-related legislations. The

Government of India has enacted certain laws and acts, which protect the rights of

women and allow them to seek legal assistance and justice when faced with certain

problems. The paper discuss in details:

• Protection of women from sexual harassment at work place

• Legal provisions for crimes against women under Indian Penal Code, 1860

• Provisions leading towards legal empowerment

The paper highlights the critical role legal empowerment strategies that can play in

changing oppressive gender relations that are justified under the name of so called

‘culture’. The paper concludes with suggesting few provisions which will lead to legal

empowerment.

DISCUSSION

Various legislation enactments have been framed to protect, safeguard and promote the

interest of women. Many of these legislative enactments have been in the sphere of

labour laws to improve the working conditions of women labour.

Part-IV of the constitution contains active obligations of the state to secure social

and economic freedom which could not be granted at the time when the constitution

was framed due to the then prevalent socio-economic conditions. But, equality in

wages, is surly not dependent on the existence of suitable economic conditions Women-

Specific Legislations.

1. The Immoral Traffic (Prevention) Act, 1956

2. The Dowry Prohibition Act, 1961 (28 of 1961)

3. The Indecent Representation of Women (Prohibition) Act, 1986

4. The Commission of Sati (Prevention) Act, 1987 (3 of 1988)




The Guardians and Wards Act The Indian Christian Marriage Act, 1872 (15 of

1872. Act 23.)

Indian Penal Code, 1860 **

The Married Women’s Property Act, 1874 (3 of

1874) *

The Workmen’s Compensation Act, 1923 The Child Marriage Restraint Act, 1929 (19 of 1929)

The Muslim Personal Law (Shariat)

Application Act, 1937

The Minimum Wages Act

The Employees’ State Insurance Act, 1948 The Payments of Wages Act, 1936

The Plantation Labor Act, 1951 The Cinematograph Act, 1952

The Special Marriage Act, 1954 * The Hindu Marriage Act, 1955 (28 of 1989)

The Hindu Adoptions & Maintenance Act,

1956 *

The Hindu Minority & Guardianship Act, 1956 *

The Hindu Succession Act, 1956 The Maternity Benefit Act, 1961 (53 of 1961)

Employers Liabilities Act 1938 The Trade Unions Act 1926

The Protection of Civil Rights Act 1955 Factories Act, 1948

Mental Health Act

The Pre-Natal Diagnostic techniques(Regulation

and Prevention of misuse) Act 1994

The Beedi & Cigar Workers (Conditions of

Employment)Act, 1966

The Foreign Marriage Act, 1969 (33 of 1969) *

The Indian Divorce Act, 1969 (4 of 1969) *

The Medical Termination of Pregnancy Act,1971(34

of 1971)*

Code of Criminal Procedure, 1973 ** The Bonded Labor System (Abolition) Act, 1979

The Equal Remuneration Act, 1976 The Contract Labor (Regulation & Abolition) Act,

1970

The Inter-State Migrant Workmen

(Regulation of Employment and

Conditions of Service) Act, 1979

The Family Courts Act, 1984

Juvenile Justice Act, 2000 * The Child Labor (Prohibition & Regulation) Act

Table 1: Women-Related Legislations

* Reviewed by National Commission for Women (NCW)

** Reviewed by the Task Force on Women & Children, Reviewed by both NCW and the Task

Force on Women & Children a Bill on Domestic Violence against Women (Prevention). This

draft Bill is now awaiting the approval of the Parliament.




PROTECTION OF WOMEN FROM SEXUAL HARASSMENT AT WORK PLACE

The right to bodily integrity is encompassed in the right guaranteed by article 21 of the

constitution of India, which guarantees the right to life and liberty.

The Supreme Court, while exercising powers under Art 141 of the constitution of

India, moved to fill in the vacuum by framing guidelines with respect to sexual

harassment at the work place in the case of Vishaka and others V. state of Rajasthan and

others (1997 (6) SCC 241) landmark Judgment which recognizes the right of women to

work with human dignity. Sexual harassment of working amount to violation of the

rights to equality and right to life and liberty, and hence is violation of the right to

practice any profession, occupation or trade under Article 14, 15, 19(1) (g) and 21 of

constitution.

The Supreme Court defined the term ‚sexual harassment’ in include such

‚unwelcome sexually determined behaviour (Whether directly or by implication) as:

• Physical contact and advances

• Demand or request for sexual favours;

• Sexually coloured remarks;

• Showing pornography

• Any other unwelcome physical, verbal or non-verbal conduct or sexual nature‛

Sections

IPC

Offence Punishment Bailable / Non -

Bailable

228-A Disclosure of identity of the victim of

certain offences

Imprisonment for 3

Months or fine or both

Cognizable and

Bailable

294 Obscene acts and songs Imprisonment for 2

years and fine

Cognizable and

Bailable

304 –B

Dowry Death - due to causes other

than natural within 7 years of

marriage

Imprisonment for not

less than 7 years, may

extend to life

imprisonment

Cognizable and

Non-Bailable

306 Abetment of suicide Imprisonment for 10

years and fine

Cognizable and

Non-Bailable

326A Voluntarily causing grievous hurt by

use of acid, etc

Imprisonment for 10

years, may extend to life

imprisonment and fine

Cognizable and

Non-Bailable




326B Voluntarily throwing or attempting to

throw acid

Imprisonment for 2

years and fine

Cognizable and

Non-Bailable

354 Assault or use of criminal force to

women with intent to outrage her

modesty

Imprisonment for 2

years and fine

Cognizable and

Non-Bailable

354A Sexual Harassment of the nature of

unwelcome physical contact and

advances or a demand or request for

sexual favors, showing pornography.

Sexual harassment of the nature of

making sexually coloured remark

Imprisonment for 2

years and fine

Imprisonment for 1 year

and fine

Cognizable and

Bailable

Cognizable and

Bailable

354B Assault or use of criminal force to

women with intent to disrobe

Imprisonment for 3

years, may be extended

to 7 years and fine

Cognizable and

Non-Bailable

354C Voyeurism Imprisonment for 1

years may extend to 3

years and fine for the 1st

conviction; 2nd or

subsequent conviction

with imprisonment of 3

years, may be extended

to 7 years and fine

Cognizable and

Bailable

Cognizable and

Non-Bailable

354D Staking Imprisonment for 3

years and fine for the 1st

conviction

Imprisonment for 5

years and fine for the 2nd

conviction

Cognizable and

Bailable

Cognizable and

Non-Bailable

366 Kidnapping, abducting or inducing

women to compel her marriage

Imprisonment for 10

years and fine

Cognizable and

Non-Bailable

376(1) Rape Rigorous Imprisonment

for 7 years may extend

to life imprisonment

and fine

Cognizable and

Non-Bailable

376(2) Rape by a police officer or a public

servant or member of armed forces or

Rigorous imprisonment

for a term which shall

Cognizable and

Non-Bailable




a person being on the management or

on the staff of jail, remand home or

other place of custody or women’s or

children’s institution or by a person

on the management or on the staff of

a hospital, and rape committed by a

person in a position of trust or

authority towards the person raped of

by a near relative of the person raped

not be less than 10 years,

but may extend to

imprisonment for life,

which shall mean

imprisonment for the

remainder of that

person’s natural life, or

with death

376A Person committing an offence of rape

and inflicting injury which causes

death or causes the women in

persistent vegetative state

Rigorous imprisonment



but may extend to


which shall mean


remainder of that


with death

Cognizable and

Non-Bailable

376B Sexual intercourse by husband upon

his wife during separation

Imprisonment for 2

years, but which may

extend to 7 years and

fine

Cognizable (but

only on the

complaint of the

victim) and

Bailable

376C Sexual intercourse by a person in

authority

Rigorous Imprisonment

for not less than 5 years,

but which may extend to

10 years and fine

Cognizable and

Non-Bailable

376D Gang rape Rigorous imprisonment



but may extend to


which shall mean


remainder of that


Cognizable and

Non-Bailable




with death

376E Repeated offenders Imprisonment for life,

which shall mean


remainder of that


with death

Cognizable and

Non-Bailable

406 Criminal breach of trust Imprisonment for 3

years and fine or both

Cognizable and

Non-Bailable

498-A Husband or relative of a women

subjecting her to cruelty

Imprisonment for 3

years and fine

Cognizable and

Non-Bailable

509 Word, gesture or act intended to

insult the modesty of a women

Simple Imprisonment

for 3 years or fine or

both

Cognizable and

Bailable

Table 2: Legal Provisions for Crimes against Women under Indian Penal Code, 1860

OBSERVATIONS

Violence against women is socially a very sensitive issue .When the basic reason for

violence against women is their inferior status – educationally, politically and socially –

in a male dominated society. All though a lot new laws have been framed to protect the

women class, but many factors such as increasing crimalization of society, media

images, inadequate means to address the cause and consequences of violence, poor

enforcement of legal provisions, unabashed consumerism and erosion of family values

have all added to increase in violence against women. Despite existence of special

legislations, the proportion of crime against women has increased over a period of time.

Generally, people do not register the crimes committed against women due to

social stigma. Government needs to make efforts to contain increasing incidence of

crimes committed against women. A positive relationship exists between crime rate,

literacy rate and per capita income. There is a need for action plan to create awareness

amongst women regarding their rights for better redressal. Otherwise any number of

legislations would not bring women their rightful place in the society. Effective

implementation of legislation would be promoted by involving civil society and

community. Appropriate changes in legislation should be undertaken, if necessary.




Formation of self-groups To create social /legal awareness amongst

women who are hitherto, living within the four

walls

Gender sensitivity among male’s Changing the mindset of the male dominated

society so as to give equal rights as enshrined in

the constitution

Strict enforcement of relevant laws such as

Equal Remuneration Act and Minimum

Wages Act

Protection for women workers in the organized/

unorganized sector and

Media Disseminating legal literacy Media campaign showing positive image of the

girl child and women ‘s contribution to the

society and family ,creating awareness about

various laws protecting women rights

Strict enforcement of all relevant legal

provisions

For better justice and speedy redressal, with a

special focus on violence and gender related

atrocities.

Women’s Cells in Police Stations, Encourage

Women Police Stations Family Courts,

Mahila Courts, Counseling Centers, Legal

Aid Centers and Nyaya Panchayats

This will be strengthened and expanded to

eliminate violence and atrocities against women.

Protection of women from harassment at

work place

Measures to prevent and punish sexual

harassment at the place of work, Sexual

harassment committees should be sensitively

constituted with members aware of the laws.

Specially designed legal literacy

programmes and rights information

programmes

Widespread dissemination of information on all

aspects of legal rights, human rights and other

entitlements of women

Table 3: Provisions Leading towards Legal Empowerment

CONCLUSIONS

Efforts by the government are on to ensure gender equality but government initiatives

alone would not be sufficient to achieve this goal. Society must take initiatives to create

a climate in which there is no gender discrimination and women have full opportunities

of self-decision making and participating in the social, political, and economic life of the

country with a sense of equality. Protection of women from domestic violence or




harassment at workplace is very crucial steps for empowering women and putting them

on equal platform by protecting their rights is the need of hour.

REFERENCES

1. Malhotra , Anju , International Centre for Research on Women (2003) Article

2. Sinha .A.,(2007) ,’What are the problems faced by women executives in India’

3. Stephen , Golub ‚Legal Empowerment: Substantive Report and Guidance Tool

Prepared for the United Nations Development Programme"(2010)

4. http://wcd.nic.in/wcdact/womenactsex.pdf

5. wikipedia.org/wiki/List_of_sections_of_Indian_Penal_Code

6. wikipedia.org/wiki/Constitution_of_India

7. india.gov.in/my-government/constitution-india